Honble SHETHNA, J.–The petitioner, who is a student, was admitted to the Course conducted by the faculty of Engineering of respondent, JNV University, Jodhpur has prayed in this petition that the respondents be directed to allow the petitioner to appear in the IVth Semester for Master of Computer Applications (MCA). It is further prayed that the action of the respondents debarring the petitio- ner from appearing in the Examination of IVth Semester of MCA be declared illegal.

(2). This petition was filed on 9.10.1998 and moved for urgent orders before this Court (Honble Dr. B.S. CHOUHAN, J. ) on 9.10. 1998.

(3). On 9.110. 1998 looking to the urgency of the matter by way of an ad interim order the petitioner was provisionally allowed to appear in the examination com- mencing from 10.10.98 to 13.10.98.

(4). On 16.10.98 this Court (Honble Bhagwati Prasad, J.) passed one more interim order whereby the petitioner was permitted to appear in the examination provisionally which was to be held on 17.10.98. However, it was made clear that the petitioner undertook that he will not claim any equities on the basis of the exa- mination taken by him. Thereafter, the matter was adjourned from time to time before the different Honble Judges of this Court. Yesterday i.e. on 6.7.99 when this matter had come up for orders before me, learned counsel Shri Bhandari for the respondents, produced the result of the petitioner in a sealed cover, which was opened in presence of both the learned counsel for the parties. After going through the result, Mr. Bhandari was directed to keep the papers of all five subjects of ``Course Examination on 7.7.99 i.e. today. The result was ordered to be handed over to Mr. Bhandari in a sealed cover.

(5). Today, Dr. Shamsher Singh, Professor and Head of the Department of Computer Science and Engineering remained present along with the attendance register of all the students including the petitioner, whose name is at Sr. No. 18 and the marks obtained by him in Vth paper of C.S.E. 610-A-Artificial Intelligence. From the attendance register it is clear that out of 25 days the petitioner remained present only on 8 days and on 17 occasions he was absent. Therefore, he was only given 32 out of 100 marks for attendance. Whenever he was remaining present in the ex- amination of Course Work, he secured only 10 out of 100 marks for which no grievance was made by the petitioner that there was a mistake or an error in either totalling or giving marks. Thus, out of total of 200 marks, the petitioner secured 32 for attendance plus ten in the examination making a total of 42. Therefore, he was given only 4 marks out of 20 marks in the Vth paper. General information for stud- ents of M.C.A. Syllabus is on the record of this petition. Condition No. 6 (a) of the General Information for Students contained in the Syllabus for Master of Computer Applications reads as under;_

``6.(a) A candidate who fails in the course work of any subject in any semester will not be eligible to appear in that semester examination and shall to repeat the whole semester as and when that semester course is run by the department.

(6). Minimum required marks for passing was 10 out of 20 in the Course Works Examination in the Vth paper. Admittedly, the petitioner got only 4 marks, therefore, he was not allowed to appear in the IV th Semester Examination, which was to commence from 10 th October, 1998 to 13 th October, 1998.

(7). The petitioner has tried to rely upon Clause 4 of the General Information for students and Ordinance 78-A for the purpose of appearing in the Examination but condition 6(a), which has been reproduced hereinabove, was not either reproduced or referred to. On the basis of the averments made in the petition by way of an interim order passed by this Court on 9th October, 1998, the petitioner was allowed to appear in the examination and by a subsequent order dated 16.10.98 it was made clear that the petitioner will not claim any equity on the basis of

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